Justice, Administration of; Law -- Philosophy; Law and socialism; Property; Socialism and liberty
In regulating industry, it has undertaken to make it prosper, otherwise
it would have been absurd to deprive it of its liberty; and if it
suffers, whose fault is it? In pretending to adjust the balance of
commerce by the game of tariffs, it undertakes to make commerce prosper;
and if, so far from prospering, it is destroyed, whose fault is it?
In granting its protection to maritime armaments in exchange for their
liberty, it has undertaken to render them self-sufficient; if they
become burdensome, whose fault is it?
Thus, there is not a grievance in the nation for which the Government
does not voluntarily make itself responsible. Is it any wonder that
every failure threatens to cause a revolution? And what is the remedy
proposed? To extend indefinitely the dominion of the law, i.e., the
responsibility of Government. But if the Government undertakes to raise
and to regulate wages, and is not able to do it; if it undertakes
to assist all those who are in want, and is not able to do it; if it
undertakes to provide work for every laborer, and is not able to do it;
if it undertakes to offer to all who wish to borrow, easy credit, and is
not able to do it; if, in words that we regret should have escaped the
pen of Mr. de Lamartine, "the State considers that its mission is to
enlighten, to
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develop, to enlarge, to strengthen, to spiritualize, and to sanctify the
soul of the people"--if it fails in this, is it not obvious that after
every disappointment, which, alas! is more than probable, there will be
a no less inevitable revolution?
I shall now resume the subject by remarking, that immediately after the
economical part [4] of the question, and before the political part, a
leading question presents itself. It is the following:
What is law? What ought it to be? What is its domain? What are its
limits? Where, in fact, does the prerogative of the legislator stop?
I have no hesitation in answering, Law is common force organized to
prevent injustice;--in short, Law is Justice.
It is not true that the legislator has absolute power over our persons
and property, since they pre-exist, and his work is only to secure them
from injury.
It is not true that the mission of the law is to regulate our
consciences, our ideas, our will, our education, our sentiments, our
works, our exchanges, our gifts, our enjoyments. Its mission is to
prevent the rights of one from interfering with those of another, in any
one of these things.
Law, because it has force for its necessary sanction, can only have the
domain of force, which is justice.
And as every individual has a right to have recourse to force only in
cases of lawful defense, so collective force, so which is only the union
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of individual forces, cannot be rationally used for any other end.
The law, then, is solely the organization of individual rights that
existed before law.
Law is justice.
Public-domain text, read in full here on John Shaqi.
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